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A08421 Summary:

BILL NOA08421
 
SAME ASSAME AS S07650-A
 
SPONSORByrnes
 
COSPNSRGallahan
 
MLTSPNSR
 
Rpld §400.02 sub 2, Pen L; amd §228, rpld §228 sub 5, sub 6 ¶c, Exec L; rpld §99-pp, St Fin L
 
Removes ammunition and ammunition sales from the requirements of background checks; repeals certain provisions of law relating thereto; repeals the background check fund.
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A08421 Actions:

BILL NOA08421
 
12/29/2023referred to codes
01/03/2024referred to codes
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A08421 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8421
 
SPONSOR: Byrnes
  TITLE OF BILL: An act to amend the executive law, in relation to national instant crim- inal background checks; and to repeal certain provisions of the penal law, the executive law and the state finance law relating thereto   PURPOSE: This legislation would eliminate background checks for ammunition sales in New York State and prevent the State from passing on costs or fees related to background checks for purchasing firearms to dealers or their respective customers.   SUMMARY OF PROVISIONS: Section 1: Repeals subdivision 2 of section 400.02 of the penal law, which creates a new license and record database specific to ammunition sales. Section 2: Amends subdivisions 1, 2, 3, and 4 of section 228 of the executive law, removing requirements for background checks to be admin- istered for the sale of ammunition. Further amends subdivisions 3 and 4 of section 228 of the executive law to require that the costs of creat- ing new databases and a centralized bureau be borne entirely by the state. Section 3: Repeals subdivision 5 of section 228 of the executive law. Section 4: Repeals paragraph c of subdivision 6 of section 228 of the executive law. Section 5: Repeals section 99-pp of the state finance law. Section 6: Effective date.   JUSTIFICATION: In July of 2022, the New York State Legislature passed the Concealed Carry Improvement Act (CCIA), making many changes to the laws governing firearms and ammunition in New York. Included in the CCIA were provisions instructing the New York State Police (NYSP) to create and administer a new background check system for the sale of firearms and ammunition. Authority was also granted to the NYSP to promulgate a fee associated with each background check performed. The background check fee structure is nothing more than a tax on current and prospective gun owners. Prior to the implementation of the 2022 legislation, firearm sale background checks were conducted by the Feder- al Bureau of Investigation at no cost to the buyer or retailer. Unfortu- nately, despite record inflation and economic turmoil, New York State has once again upped the ante for those legal firearm patrons simply exercising their constitutional rights. Instituting background check fees will not affect the proliferation of illegal weapons or ammunition in New York. Instead, it will only serve as another deterrent for sportspeople, law enforcement, and other law-a- biding citizens who wish to participate in the firearm economy. To address the issue of these burdensome fees, this legislation repeals requirements for background checks for ammunition and prevents the State from passing on the costs for creating, maintaining, and administering a new background check database. With one of the most considerable tax burdens in the nation, New York has more than enough in its coffers to cover the cost of a background check system without nickel and diming taxpayers further.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect immediately.
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A08421 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8421
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 29, 2023
                                       ___________
 
        Introduced by M. of A. BYRNES, GALLAHAN -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the executive law, in relation to national instant crim-
          inal  background checks; and to repeal certain provisions of the penal
          law, the executive law and the state finance law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  2  of  section  400.02  of  the penal law is
     2  REPEALED.
     3    § 2. Subdivisions 1, 2, 3 and 4 of section 228 of the  executive  law,
     4  as  added  by  chapter  371  of the laws of 2022, are amended to read as
     5  follows:
     6    1. (a) The division is hereby authorized and directed to  serve  as  a
     7  state point of contact for implementation of 18 U.S.C. sec. 922 (t), all
     8  federal  regulations and applicable guidelines adopted pursuant thereto,
     9  and the national  instant  criminal  background  check  system  for  the
    10  purchase of firearms [and ammunition].
    11    (b)  Upon  receiving  a  request  from  a  licensed dealer pursuant to
    12  section eight hundred ninety-six or eight hundred  ninety-eight  of  the
    13  general  business law, the division shall initiate a background check by
    14  (i) contacting the National Instant  Criminal  Background  Check  System
    15  (NICS)  or  its  successor to initiate a national instant criminal back-
    16  ground check, and (ii) consulting the  statewide  firearms  license  and
    17  records  database  established  pursuant  to  subdivision  three of this
    18  section, in order to determine if the purchaser is a person described in
    19  sections 400.00 and 400.03 of the penal law, or is prohibited  by  state
    20  or  federal  law  from  possessing,  receiving,  owning, or purchasing a
    21  firearm [or ammunition].
    22    2. (a) The division shall report the name, date of birth and  physical
    23  description  of any person prohibited from possessing a firearm pursuant
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13175-03-3

        A. 8421                             2
 
     1  to 18 U.S.C. sec. 922(g) or (n) to the national instant  criminal  back-
     2  ground check system index, denied persons files.
     3    (b)  Information provided pursuant to this section shall remain privi-
     4  leged and confidential, and shall  not  be  disclosed,  except  for  the
     5  purpose  of  enforcing  federal  or  state law regarding the purchase of
     6  firearms [or ammunition].
     7    (c) Any background check  conducted  by  the  division,  or  delegated
     8  authority,  of any applicant for a permit, firearms identification card,
     9  license, [ammunition sale,] or  registration,  in  accordance  with  the
    10  requirements of section 400.00 of the penal law, shall not be considered
    11  a  public record and shall not be disclosed to any person not authorized
    12  by law or this chapter to have access to such background check,  includ-
    13  ing the applicant. Any application for a permit, firearms identification
    14  card,  [ammunition  sale,]  or  license, and any document reflecting the
    15  issuance or denial of such  permit,  firearms  identification  card,  or
    16  license,  and any permit, firearms identification card, license, certif-
    17  ication, certificate, form of register, or registration statement, main-
    18  tained by any state or  municipal  governmental  agency,  shall  not  be
    19  considered  a public record and shall not be disclosed to any person not
    20  authorized by law to have access to such  documentation,  including  the
    21  applicant, except on the request of persons acting in their governmental
    22  capacities for purposes of the administration of justice.
    23    3. The division shall create and maintain a statewide firearms license
    24  and  records  database  which shall contain records held by the division
    25  and any records that it is authorized to request from  the  division  of
    26  criminal  justice  services,  office  of  court administration, New York
    27  state department of health, New York state office of mental health,  and
    28  other  local entities. Such database shall be used for the certification
    29  and recertification of firearm permits under section 400.02 of the penal
    30  law, and assault weapon  registration  under  subdivision  sixteen-a  of
    31  section  400.00  of  the  penal law[, and ammunition sales under section
    32  400.03 of the penal law]. Such database shall also be used to initiate a
    33  national instant criminal background check pursuant to  subdivision  one
    34  of  this  section  upon request from a licensed dealer. The division may
    35  create and maintain additional databases as  needed  to  complete  back-
    36  ground checks pursuant to the requirements of this section.  The cost of
    37  any  database  or databases created shall be borne entirely by the state
    38  and shall not be passed on to consumers or retailers in the form of  new
    39  fees or additional taxes.
    40    4. The superintendent shall promulgate a plan to coordinate background
    41  checks  for  firearm [and ammunition] purchases pursuant to this section
    42  and to require any person, firm or corporation that sells,  delivers  or
    43  otherwise  transfers  any firearm [or ammunition] to submit a request to
    44  the division in order to complete the background  checks  in  compliance
    45  with  federal  and  state  law,  including the National Instant Criminal
    46  Background Check System (NICS), in  New  York  state.  Such  plan  shall
    47  include, but shall not be limited to, the following features:
    48    (a)  The  creation  of  a  centralized  bureau  within the division to
    49  receive and process all background check requests, which shall include a
    50  contact center unit and an appeals unit. Staff may include  but  is  not
    51  limited  to:  bureau  chief,  supervisors, managers, different levels of
    52  administrative analysts, appeals specialists and administrative  person-
    53  nel.  The  division  shall employ and train such personnel to administer
    54  the provisions of this section.   The costs of  creating  a  centralized
    55  bureau  within  the  division  shall  be borne entirely by the state and

        A. 8421                             3

     1  shall not be passed on to consumers or retailers in the form of new fees
     2  or additional taxes.
     3    (b) Procedures for carrying out the duties under this section, includ-
     4  ing hours of operation.
     5    (c)  An  automated  phone  system  and  web-based  application system,
     6  including a toll-free  telephone  number  and/or  web-based  application
     7  option for any licensed dealer requesting a background check in order to
     8  sell, deliver or otherwise transfer a firearm which shall be operational
     9  every  day  that  the  bureau  is  open  for business for the purpose of
    10  responding to requests in accordance with this section.
    11    § 3. Subdivision 5 of section 228 of the executive law is REPEALED.
    12    § 4. Paragraph c of subdivision 6 of section 228 of the executive  law
    13  is REPEALED.
    14    §  5.  Section 99-pp of the state finance law, as added by chapter 371
    15  of the laws of 2022,  is REPEALED.
    16    § 6. This act shall take effect immediately.
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